National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 2) Regulations 2009
22. Insertion of sections 75A and 75B22. Insertion of sections 75A and 75B
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22. Insertion of sections 75A and 75B
After section 75 insert –
“75A Removal of electronic work diary approval label
(1) This section applies if the Authority cancels the approval of an electronic work diary. (2) The person who, immediately before the cancellation took effect, held the approval – (a) must remove from any diaries in his, her or its possession any label that relates to the former approval; and (b) must notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been cancelled and that any label on any such diary still in the person’s possession should be removed.
Court‑imposed penalty: $6 000.
(3) Any person who is aware that the approval of a diary in the person’s possession has been cancelled must remove from the diary any label that relates to the former approval.
Court‑imposed penalty: $6 000.
75B Authority may permit the use of diaries whose approval has been cancelled
(1) The Authority may, by notice published in the Gazette, permit the use of diaries whose approval has been cancelled: (a) for a specified period or indefinitely; and (b) on specified conditions. (2) Despite anything to the contrary in this Act, a diary that is the subject of a notice under this section is to be treated as if it were an electronic work diary, unless it is being used contrary to any condition specified in the notice. (3) The Authority may, by notice published in the Gazette, vary or revoke a notice under this section.”.